Attachment_14_SOFASTE_Distribution_Agmt.docx

(For United States Government (USG) and USG Contractors)

REQUESTING ORGANIZATION NAME:

REQUESTING USG ORGANIZATION OR CONTRACTOR AUTHORIZED POINT OF CONTACT (POC):

NAME (Print): DATE:

TITLE:

TELEPHONE: E-MAIL:

ADDRESS:

SPECIFIC PRODUCT(S) BEING REQUESTED: Included in this Distribution Agreement__ are the identified Architecture, Software Baselines and Documentation for the 160th Special____ Operations Aviation Regiments Training Aids, Devices, Simulators and Simulations (TADSS)._

SOLICITATION/CONTRACT NUMBER: W900KK-13-R-0002______________________

PURPOSE: (Clearly identify the intended use of the Product(s) plus the impact if the Product is not provided).1

Proposal preparation in response to the SOFAST-E Request For Proposal (RFP).

ESTIMATED DATE OF COMPLETION OF USE OF THE PRODUCT(S):

June 2013

I HEREBY AGREE TO THE TERMS AND CONDITIONS OF THIS DISTRIBUTION AGREEMENT AND WILL UTILIZE THE PRODUCT ONLY FOR THE PURPOSE /USE DESCRIBED IN ATTACHMENT A. I UNDERSTAND THAT PROCESSING OR TRANSMITTING THIS EXPORT CONTROLLED MATERIAL VIA ANY PUBLIC ELECTRONIC MEDIUM IS STRICTLY PROHIBITED.

SIGNATURE:

(Requesting USG Organization or Contractor)

DISTRIBUTION AGREEMENT

For The Special Operations Forces Aviation System Trainer – Enhancements (SOFAST-E) Document Library

1 Note: the contractor’s request is to include pertinent section(s) of the contractual Work Statement or the Request for Proposal that requires the Product.

REQUEST FOR RELEASE TO U.S. GOVERNMENT OR U.S. CONTRACTOR:2

It is requested that the Product be released to the above-identified Government agency or contractor for the stated purpose. It is hereby certified that the contract number and completion date identified above are correct and the identified contractor requires the Product for the aforementioned purpose.

Date:

Name (please print):

Requesting Organization: PEO STRI – PM STS

Position:

Telephone: ____________ E-mail:

Signature:

(Requesting USG Organization or Contractor)

U.S. GOVERNMENT DOD CONTROLLING OFFICE APPROVAL: The above request is approved for the purpose stated by the requester.

(SOFAST-E Lead Systems Engineer) (Date)

2 To be completed by USG Sponsoring Organization.

1. Definitions.

a. Contractor. An individual or organization outside the U.S. Government who has accepted any type of agreement, contract or order to provide research, supplies, or services to a U.S. Government Agency, including both prime contractors and subcontractors.

b. Controlling DoD Office. The DoD activity that sponsored the work that generated the Product or received the Product on behalf of the Department of Defense and, therefore, has the responsibility for determining the distribution of the Product. For joint sponsorship, the controlling office is determined by advance agreement and may be a party, group, or committee representing the interested activities or the DoD Components.

c. Government Purpose Rights. The rights to:

(i) Use, modify, reproduce, release, perform, display, or disclose the Product within the Government without restriction; and,

(ii) Release or disclose the Product outside the Government and authorize persons to whom release or disclosure has been made to use, modify, reproduce, release, perform, display, or disclose the Product for United States Government purposes.

d. PEO STRI - The Program Executive Office, Simulation, Training and Instrumentation.

e. PM - Project or Product Manager

f. Product - The technical data, hardware or software, or combination of some or all of the above, which is provided to the U.S Government agency or USG contractor through this Distribution Agreement, as set out in Attachment A.

g. Unlimited Rights - The rights to use, modify, reproduce, release, perform, display, or disclose the Product in whole or in part, in any manner and for any purpose whatsoever, and to have or authorize others to do so.

h. U.S. DoD Contractor - Those U.S. contractors currently holding grants or contracts with the Department of Defense, or those contractors declared eligible for DoD product(s) by a sponsoring DoD activity.

2. The Product is authorized for distribution in accordance with:

3. WARNING. This document refers to technical data, hardware, non-commercial computer software or a combination of some or all of the above, the export of which is restricted by the Arms Control Act (Title 22, U.S.C., Sec. 2751), et. seq, or the Export Administration Act of 1979, as amended, Title 50, U.S.C., App. 2401, et. seq. Violations of these export laws are subject to severe criminal penalties. Disseminate in accordance with provisions of DoD Directive 5230.25.

4. Subject to approval by a Government Sponsor, the Product may be used for the purpose(s) stated with the following general conditions. Any special terms and conditions applicable to a specific Product are provided in Attachment A.

a. The Product will be handled and maintained in accordance with For Official Use Only, Export Control and Army Regulation 380-5 requirements.

b. The Product will be used only in accordance with this Distribution Agreement. The purpose may include incorporating the Product, or elements thereof, into Products being developed under the terms of a current contract with the U.S. Government.

c. The Product itself will not be modified, adapted, or otherwise altered except as required under the terms of a contract with the U.S. Government.

d. The Product may be distributed with Product(s) from other USG agencies. Additional restrictions may apply to software not owned or controlled by PEO STRI.

e. The Product shall not be re-distributed, sold, or used for commercial purposes or practices by the recipient, in whole or in part, without the express permission of the PM listed in Attachment A. The recipient is prohibited from using any open source code delivered within the product for commercial practices and profitable gains. The recipient may reproduce copies of the Product for use within his organization, or to perform under the terms and conditions of a USG contract for the specific purpose set out in Attachment A. A copy of this approved Distribution Agreement shall be provided and maintained with each authorized copy of the Product/Documentation and appropriate personnel shall be briefed regarding the Distribution Agreement requirements. In addition, the controlling DoD office is to be formally notified of the name, address and designated point of contact of all authorized U.S. contractors and subcontractors to whom a copy is provided. The original recipient of the Product shall be responsible for compliance with the terms of this Distribution Agreement related to all authorized copies.

f. Changes to any documentation, to include simulation software source code may not be further distributed by the recipient without the approval of the controlling DoD office. Recipients wishing to distribute changes, which they have developed, may submit such changes to the controlling DoD office with government purpose rights.

g. U.S. contractors and sub-contractors will return or destroy all Product(s) upon completion of the approved work, or completion of the contract under which the work is authorized, whichever comes first.

h. The Product may be developmental in nature (see Attachment A).

i. The U.S. Government and its agents shall not be liable for any harm, damage, or injury that may result from the use or untimely receipt of the Product.

j. The controlling DoD office may revoke permission or hereinafter make permission subject to additional conditions as dictated by Government interests.

k. The individual who will act as recipient of the Product on behalf of the U.S. contractor is a U.S. citizen.

l. The U.S. contractor acknowledges his responsibilities under the U.S. export control laws and regulations and agrees that it will not disseminate any export-controlled Product subject to this agreement in a manner that would violate applicable export control laws and regulations.

m. The U.S. contractor agrees that he will not provide access to this material to persons other than its employees or persons acting on its behalf, without permission of the controlling DoD office.

n. To the extent of his knowledge and belief, the requesting U.S. contractor knows of no person employed by it, or acting on its behalf, who will have access to the Product, who is debarred, suspended, or otherwise ineligible from performing on U.S. Government contracts, or has violated U.S. export control laws.

o. The U.S. contractor is not debarred, suspended or otherwise determined ineligible by any agency of the U.S. Government to perform on U.S. Government contracts, has not been convicted of export control law violations, and has not been disqualified under the provisions of DoD Directive 5230.25.

5. As consideration for the distribution of the Product/Documentation, the approved recipient shall provide to the controlling DoD office any and all changes, enhancements, improvements or modifications which may be made to the Product while in the approved recipient’s possession. The changes, enhancements, improvements or modifications made to the Product, along with all software source code, will be provided to the controlling DoD office with at least Government Purpose Rights. If the enhancements, improvements or modifications made to the Product are not received by the controlling DoD office with at least Government Purpose Rights, the controlling DoD office will demand the return and/or destruction of the Product in the approved recipient’s possession. A failure to return and/or destroy the Product will be deemed a breach of this agreement and may result in prosecution of the USG’s rights in the applicable forum. The contractor agrees that it will not assert that such return and/or destruction is a Government-caused delay under any contract with the U.S. Government.

6. This document serves as agreement that the following minimum security requirements be understood and will be implemented by the Recipient and its receiving organization. Specific instances of these information assurance related controls are:

a. Personnel Security – Users / Receiving organizations are responsible for ensuring personnel with access to the library and its contents have the appropriate security clearances and need to know for the classification level of the information being processed. Users are responsible for controlling access to the system and assigning accounts to authorized individuals.

b. Data Marking –The Users / Receiving organization are responsible for marking all GFI reproduced with the correct classification labels in accordance with Executive Order 12958.

c. Audit Data Management – The Users / Receiving organization is responsible for developing and executing policies and procedures to control the back-up, restore and analyze of this GFI as well as implement and maintain the necessary computer and network protocols needed to mitigate any potential security vulnerabilities while access is granted to the library. Any security vulnerabilities detected which could affect the library will be reported by the user to PM STS immediately.

ATTACHMENT A

PRODUCT: SOFAST-E Architecture, Software Baselines, and Documentation for the related_ 160th_Special Operations Aviation Regiments (SOAR) Training Aids, Devices, Simulators and_ Simulations (TADSS).___________________________________________________________

SPECIAL TERMS AND CONDITIONS

The use of the term Product refers to all SOFAST-E architecture, software baseline and documentation elements/levels within the related 160th SOAR TADSS as defined in the enclosed Government Furnished Information (GFI) List.